Monday, August 18, 2025
Monday, August 18, 2025
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Senate Passes Bill Giving Tenancy Rights to People in Recovery

The Senate passed a bill on Tuesday afternoon that would give tenant rights to those in recovery that are residing in sober living homes.

Senate Bill 590 would add a clarification to current tenant laws specifically stating that people residing in sober living homes are tenants who will be afforded the same tenancy protections as other citizens. It also stipulates reasonable attorney’s fees in disputes against willful or bad faith landlord noncompliance.

As defined in the legislation, a sober living home is an alcohol and controlled substance-free environment for people attempting to maintain abstinence from from alcohol and controlled substances.

Under current law, these citizens can be evicted from sober living homes with no notice, no reason given and often, without a deposit refund. This abuse has led to an increase in homelessness and crime, issues that the bill seeks to address.

If the bill becomes law, these rights work for landlords too. Under the legislation, if an individual is breaking house rules, house leaders could file paperwork at the local courthouse and the court could evict someone in five days if evidence supports the landlord.

The bill now heads to the House of Delegates for consideration.

The Senate is in recess until 4 p.m.

Afternoon Meetings:

Health at 1 p.m. in 451M.

Education at 2 p.m. in 451M.

Government Organization at 2 p.m. in 208W.

Judiciary at 3 p.m. in 208W.

Finance at 3 p.m. in 451M.

 

 

Bills Prohibiting Mandating of Masks and COVID-19 Vaccination Proof Passes House

The House convened this morning at 9 a.m. with a very busy calendar before them.

The Rules Committee met this morning, moving House Concurrent Resolution 92 to the floor. The Committee moved the following bills from the House Special Calendar to the House Calendar: House Bill 4089, House Bill 4482, Senate Bill 419, Senate Bill 499, House Bill 4623, and House Bill 4843.

During Senate messages, the rules were suspended, and Senate Bill 638 and Senate Bill 713 were the first time.

Sixteen bills passed during the session this morning, leaving 17 more to consider after the recess.

House Bill 4012 prohibits any state or local government office, department, agency, higher education institution, or hospital from requiring proof of COVID-19 vaccination as a condition of entry.

House Bill 4071 provides that public schools cannot mandate masks for students or employees nor mandate COVID-19 tests unless they have symptoms and quarantine unless they are positive. The bill provides that parents have the right to determine if their children wear a mask at school and school activities. The bill states that elected/public officials cannot override the provisions of the Act.

House Bill 4377 updates the involuntary hospitalization process. The bill updates the time limitations of commitment. The chief medical officer has 20 days to institute final commitment proceedings, or the patient shall be released. If the proceedings are not concluded 35 days from the filling of the Application for Involuntary Custody for Mental Health Examination, the patient shall be released. The bill also states that all law enforcement shall be involved in the commitment process, not just sheriffs. Transportation shall be provided to a commitment facility.

House Bill 4441 creates a Class M resident air rifle stamp and a Class MM nonresident air rifle stamp. The bill sets the caliber limits when hunting big game. The stamp will cost $8.

House Bill 4502 establishes the BUILD WV Act.

House Bill 4553 clarifies the application of zoning requirements to exempt wholesale generators. Several amendments were offered, only one was adopted. The amendment exempts wind power from the provisions of the bill.

The House is in recess until 1:30 p.m.

Committees – Today

The Rules Committee will meet at 1:15 p.m.

The Committee on Agriculture and Natural resources will meet after the adjournment of this afternoon’s floor session in Room 215E.

The Committee on Energy and Manufacturing will meet after the adjournment of this afternoon’s floor session in Room 410.

Public Hearings

The Energy Committee will host a public hearing on Senate Bill 650 – Eliminating number of royalty owners required for utilization by operator for lawful use and development by co-tenants on Friday, March 4, 2022 at 8 a.m.

Senate Amends and Adopts Joint Resolution on Education

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Following the recess, senators continued work on the Senate Calendar, passing the remaining bills on third reading and advancing the second and first reading bills to the next reading.

House Joint Resolution 102 was also adopted following an amendment by Senator Ryan Weld (R-Brooke) and now must go back to the House of Delegates for their concurrence.

The resolution seeks to ask the voters of West Virginia to to “clarify that the rules and policies promulgated by the State Board of Education, are subject to legislative review, approval, amendment, or rejection.” If it completes legislative action, the proposed constitutional amendment will appear on the general election ballots in the Fall.

The Senate is adjourned until tomorrow, March 1, at 11 a.m.

Senate Military will meet tomorrow morning at 10 a.m. in 208 W

Senate Transportation and Infrastructure will meet tomorrow at 10 a.m. in 451M

Senate Education Advances Anti-Racism Act

The Senate Education Committee advanced its Anti-Racism Act on Monday afternoon, three days after a similar bill ran out of time in the House Judiciary Committee.

Senate Bill 498 in its current form, is similar to House Bill 4011, with a few key differences.

Unlike HB4011, the Senate version would include public, charter and private schools in K-12 education as well as higher education. Unlike the House version, SB498 does not include curriculum transparency requirements. The Senate bill would also allow for the presentation of critical race theory concepts in a university setting, as long as alternative theories can also be presented.

The legislation would forbid instruction that one gender or race is superior to another. It also would prohibit teaching that some groups are inherently racist, sexist or oppressive based on their race, ethnicity or sex. The bill also prohibits instruction that morality or character are tied to any of those factors.

Finally, the legislation prohibits instructing students that they should feel discomfort, guilt or anguish because of their race, ethnicity or sex.

In the Senate bill there is a complaint procedure in grades K-12 for noncompliance. There is a reporting procedure at the university level. These processes were amended into the bill after Senators feared a rash of lawsuits for noncompliance.

Both the Senate and the House are up against the Wednesday “Crossover Day” deadline to move bills to the other chamber. The Senate is expected to receive the committee report and read the bill a first time during today’s 5 p.m. floor session. This would put the legislation on track to meet the deadline, with a vote of the full Senate expected Wednesday.

 

House Education Advances Four Senate Bills

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The Education Committee met this afternoon.

Senate Bill 22 exempts churches from paying property taxes, even when leasing out to a school, daycare center or not-for-profit organizations. The bill advances.

Senate Bill 216 creates Student Journalism Press Freedom Act, which requires that public colleges and universities allow for the free expression of student journalists in school sponsored media. The bill advances.

Senate Bill 246 requires newly constructed public-school buildings and existing public-school buildings undergoing a major improvement to have water bottle filling stations. The bill also requires county boards to permit students in schools with water bottle filling stations to carry water bottles. The bill advances.

Senate Bill 261 requires video cameras in certain special education classrooms. The school principal is designated to be the custodian of the video camera, all recordings, and access to those recordings. The bill advances to Finance.

House Passes Multi-Tiered System for Grade-Level Literacy and Numeracy

The House passed 13 bills today and adopted nine resolutions.

House Bill 4408 extends the existing authority of the Director of Natural Resources to enter into third-party contracts for the financing, construction, and operation of recreational, lodging, and ancillary facilities to all West Virginia state parks, state forests, and state rail trails.

House Bill 4510 provides for a multi-tiered system of support intervention for grade-level literacy and numeracy by the end of third grade. The bill requires the retention of a student in the third grade if the student isn’t on the level to move on to the fourth grade.

This bill had plenty of floor discussion. It was said there is already $5.7 billion in the K-12 budget for this kind of intervention system.

Opponents worry about the increased workload on K-3 teachers due to extra paperwork, meets with parents, etc. Opponents also stated this isn’t the way to fix the problem. One opponent stated the change should be happening at the curriculum level. Some feared holding a student back could make them feel bad.

Proponents of the bill stated the importance to get the K-3 foundations in before being propelled forward. If a child does not have the basics, it will be difficult for them to excel in fourth grade and beyond. They stated that the system will provide tools for both parents and teachers. Proponents felt this is an opportunity to put one piece of the puzzle in place to help children excel.

After a lengthy debate, the bill advanced 84 to 11.

House Bill 4657 creates the Rare Earth Element and Critical Mineral Investment Tax Credit.

House Bill 4660 establishes the status of beds when an intermediate care facility for individuals with intellectual disabilities germanely closes.

The House is adjourned until 9 a.m. Tuesday, March 1, 2022.

Committees – Today

The Committee on Agriculture and Natural Resources will meet at 2:45 p.m. in Room 215E.

The Committee on Pensions and Retirement will meet at 3 p.m. in Room 460.

The Judiciary Committee will meet at 2 p.m. in Room 410.

The Committee on Government Organization will meet at 3 p.m. in Room 215E.

The Committee on Technology and Infrastructure will meet at 3:45 p.m. in Room 410.

The Education Committee will meet at 4 p.m. in Room 434.

Public Hearings

The Government Organization Committee will hold a Public Hearing on February 28, 2022 at 6 p.m. in the House Chamber for House Bill 4840 – Relating to Office of Miners Health.

Committees – Tuesday, March 1, 2022

The Rules Committee will meet at 8:45 a.m.

The Committee on Energy and Manufacturing will meet at 2 p.m. in Room 410.

Senate Passes Bill to Crack Down on Fentanyl Dealers

The Senate passed a bill on Monday that would enhance the criminal penalties for those that transport and deal fentanyl in West Virginia.

Senate Bill 536, a Governor’s bill, would increase the fine on fentanyl dealers to up to $50,000, and would increase the prison sentence to no less than three years. These offenders would not be eligible for probation and could not be paroled.

This legislation now goes to the House of Delegates for consideration.

The Senate is in recess until 5 p.m.

Afternoon Committees:

Education at 1 p.m. in 451M.

Government Organization at 1 p.m. in 208W.

Finance at 2 p.m. in 451M.

Judiciary at 2 p.m. in 208W.

House Bill 2908 Rejected by House Judiciary

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The House Judiciary Committee met three times today.

In the morning meeting, the committee discussed the following:

House Bill 4353 provides that all local elections be held on a date that a statewide election is being held. The bill advances to the floor.

House Joint Resolution 104 limits the number of consecutive terms any individual serving in the office of Secretary of State Auditor, State Treasurer, Commissioner of Agriculture, or Attorney General to three consecutive terms. The resolution advances without amendment.

House Bill 4629 authorizes the Attorney General or the chief officer of the subject government agency to may issue a response to the potential claimant within 60 days of receipt of the notice to file suit to toll the statute of limitations during pre-suit negotiations for action against the state, afford a 90 day time to file suit absent pretrial negotiation, and dismiss claims absent suit filed within this 90 days. Action on the bill was delayed to perfect amendments. The bill was brought back before the committee in the evening meeting to hear amendments. The amended bill advances.

House Bill 4050 defines livestock in the General Stock Law, which involves livestock trespassing on the property of another.

House Bill Originating, relating to missing persons, works to improve the search and finding of missing persons. The bill advances.

House Bill Originating, relates to flying under the influence, advances to the floor.

The Committee recessed.

The Committee reconvened after the floor session and considered the following:

House Bill 2908 requires high-volume third-party sellers to provide information to online marketplaces and disclose certain information to the consumers within 24 hours. A high-volume third-party seller is someone who sells on an online marketplace and has completed 200 or more transactions totaling $5,000 or more in gross revenues.

Proponents stated that a lot of this information is already being provided somewhere in the process. Proponents see this as an opportunity to stop organized retail theft, as individuals are reselling the products online after stealing. Opponents noted that this bill could affect small business owners selling on Amazon due to the time limit of 24 hours. Opponents said this is creating a registry of small businesses.

The motion to report to the floor was rejected on a vote of 9 in favor and 13 against.

House Bill Originating excludes up to $100,000 from life insurance policies and $20,000 of an annuity from creditors in a bankruptcy proceeding. The bill advances to the House floor.

House Bill 4293 prohibits the delivery of unsolicited absentee ballot applications to any person who has not specifically requested from the county clerk. The subcommittee amended the bill by removing the felony penalty which was in the original bill. The amended bill stated that the act must be knowingly and willfully.

If an election official knowingly and intentionally mails out an unsolicited absentee ballot application, it’s a misdemeanor. If any other person knowingly and intentionally mails out 10 or more unsolicited absentee ballot applications, it’s a misdemeanor.

The bill advances.

House Bill 4066 expands the prohibition on distracted driving of motorists utilizing a wireless communication device or standalone electronic device. The bill advances to the floor.

House Bill 2751 establishes a system to remediate fiscal emergencies of local government and modernize the process for dissolution of municipal corporations in WV. The bill advances.

House Concurrent Resolution 31 applies to the US Congress to call a convention to propose amendments that would impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and members of Congress.

The committee recessed. The committee reconvened after the evening floor session and continued consideration of House Concurrent Resolution 31.

Two-thirds of the states must submit identical resolutions calling for a Convention of States for one to take place.

The bill advances.

It was moved that House Bill 4011 – Establishing the Anti-Stereotyping Act be put into a study resolution and be explored over the summer. The bill motion was adopted.

Senate Passes Rails to Trails Bill

The Senate passed a bill Friday that would update and correct sections of the West Virginia Rail Trails Program.

Senate Bill 588 provides for updated definitions to include a definition of “rail with trail.”

The bill also addresses railroad liability and safety risk concerns proposed during the 2021 regular legislative session. This legislation will allow abandoned railroads to be converted into trails or recreational areas, with no liability on the railroad companies.

The bill now heads to the House of Delegates for consideration.

The Senate is adjourned until Monday, Feb. 28, at 11 a.m.

Judiciary is currently meeting in 208W.

Monday Morning’s Meetings:

Judiciary at 9 a.m. in 208W.

Government Organization 15 minutes following Judiciary in 208W.

Division of Multimodal Transportation Bill Advances to Senate

With 15 days left in the 2022 session, the House passed nine bills and refused to concur with the Senate in House Bill 4333.

House Bill 4333 sunsets the Board of Hearing-Aid Dealers and Fitters. The Senate amended the bill to assign the regulation of hearing aid dealers and fitters to the Board of Examiners for Speech-Language Pathology and Audiology. The Senate’s amendment also added the requirement of a licensed hearing aid fitter on the Board. The House refused to concur with this amendment and has asked the Senate to recede.

House Bill 4492 merges the Public Port Authority, the WV State Rail Authority, the Division of Public Transit, and the WV State Aeronautics Commission into the West Virginia Division of Multimodal Transportation. The division will administer all federal and state programs related to public ports, railroad transportation and commerce, public transit, aeronautic, airports, and air navigation facilities in the state. The Secretary of the DOT will be the chief operating officer of the division. The Secretary will coordinate with the Secretary of the Department of Economic Development to facilitate economic development utilizing transportation facilities.

Senate Bill 221 creates an occupational therapy compact and establishes the Occupational Therapy Compact Commission.

House Bill 4510 requires third-grade students to be competent in reading and math before advancing to the fourth grade.  

The House is in recess until 5:30 p.m. today.

Committees – Today

The Education Committee will meet at 2:15 p.m. in Room 434.

The Finance Committee will meet at 2:30 p.m. in Room 460.

The Judiciary Committee will meet at 3 p.m. in Room 410.

The Committee on Government Organization will meet at 3:15 p.m. in Room 215E.

The Rules Committee will meet at 5:15 p.m.

Committees – Monday, February 28, 2022

The Committee on Pensions and Retirement will meet at 1 p.m. in Room 460.

The Committee on Technology and Infrastructure will meet at 1 p.m. in Room 410.

The Education Committee will meet at 3 p.m. in Room 434.

Public Hearings 

The Judiciary Committee will hold a Public Hearing on February 28, 2022 at 8:30 a.m. in the House Chamber for House Bill 4753 – Prohibiting locating certain homeless facilities near schools and certain daycares.

CANCELLED Public Hearing at 9:30 a.m. in the House Chamber for House Bill 2908 – Relating to disclosure of information by online marketplaces to inform consumers

 

The Government Organization Committee will hold a Public Hearing on February 28, 2022 at 6 p.m. in the House Chamber for House Bill 4840 – Relating to Office of Miners Health.